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Judge: Prosecutors can't call those Rittenhouse shot 'victims'

A Wisconsin judge is setting the final ground rules for what evidence will be allowed at Kyle Rittenhouse's trial next week.
Credit: AP
FILE - In this Oct. 5, 2021 file photo, Kyle Rittenhouse, appears for a motion hearing, in Kenosha, Wis. (Mark Hertzberg/Pool Photo via AP, File)

MADISON, Wis. — A Wisconsin judge laid out the final ground rules Monday on what evidence will be allowed when Kyle Rittenhouse goes on trial next week for shooting three people during a protest against police brutality, ruling he'll permit testimony from the defense's use-of-force expert and on how police welcomed Rittenhouse and others carrying guns during the demonstration. 

He also made decisions on how attorneys can refer to the people Rittenhouse shot.

The hearing was likely the last before Rittenhouse goes on trial Nov. 1 for the shootings during chaotic demonstrations in Kenosha on Aug. 25, 2020, two days after a white police officer in that city shot a Black man, Jacob Blake, in the back while responding to a domestic disturbance.

Rittenhouse, 18, of Antioch, Illinois, was among a number of people who responded to calls on social media to take up arms and come to Kenosha to respond to the protests. Rittenhouse, who is white, is charged with homicide and other crimes in the fatal shootings of Joseph Rosenbaum and Anthony Huber and the wounding of Gaige Grosskreutz, all also white. 

The judge also ruled on how attorneys can refer to Rosenbaum, Huber and Grosskreutz, drawing national attention. According to the Milwaukee Journal Sentinel, Judge Bruce Schroeder has a standard rule against the word "victim" before someone is convicted. 

NPR reports that Schroeder said the word is "loaded," as is "alleged victim." Instead, he recommended the words "complaining witness" or "decedent." 

However, Schroeder denied Assistant District Attorney Thomas Binger's request to bar the defense from referring to Rosenbaum, Huber and Grosskreutz as rioters, looters or arsonists. The judge said those terms would be allowed if the defense can produce evidence showing that's what they were.

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Rittenhouse's attorneys want use-of-force expert John Black to testify that Rittenhouse acted in self-defense. Prosecutors have asked Judge Bruce Schroeder to block Black's testimony, arguing that jurors don't need an expert to understand what happened that night. 

Schroeder told the attorneys that Black wouldn't be allowed to testify about what Rittenhouse was thinking when he pulled the trigger or whether he definitively acted in self-defense. 

Binger said if Schroeder allowed Black to testify only about the timeline of events that night he wouldn't call his own expert to the stand. Defense attorney Mark Richards agreed to the deal. 

Binger asked Schroeder to bar a video that shows police telling Rittenhouse and other armed militia members on the streets that they appreciated their presence and tossing Rittenhouse a bottle of water. The prosecutor said the video would transform the trial into a referendum on police procedure that night when it isn't relevant. 

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"This is a case about what the defendant did that night," Binger said. "I'm concerned this will be turned into a trial about what law enforcement did or didn't do that night."

Defense attorney Corey Chirafisi argued the video shows that police felt Rittenhouse wasn't acting recklessly. Binger countered that the shootings happened after Rittenhouse interacted with the police, but Schroeder decided to allow the video.

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"If the jury is being told, if the defendant is walking down the sidewalk and doing what he claims he was hired to do and police say good thing you're here, is that something influencing the defendant and emboldening him in his behavior? That would be an argument for relevance," the judge said.

Many conservatives have flocked to support Rittenhouse, calling him a patriot and making him a symbol for gun rights and raising $2 million for his bail. Others, including some liberals and activists, portray him as a domestic terrorist and say he made a volatile situation worse.

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Associated Press writer Doug Glass contributed from Minneapolis.

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